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Class Action
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January 29, 2025
Turkey Producers Say Burford Unit's Suit Is Purely Profit-Led
Turkey producers fighting consolidated price-fixing claims in Illinois urged a federal judge Tuesday to kick a Burford Capital Investment unit's claims out of the case on summary judgment, arguing the action exists solely because of the litigation funder's drive to profit from a lawsuit.
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January 29, 2025
Meta To Pay $25M To End Trump's Account Suspension Suit
Meta Platforms confirmed Wednesday that the company and its CEO, Mark Zuckerberg, have agreed to pay $25 million to settle the lawsuit that President Donald Trump filed after the social media company suspended his account following the 2021 attack on the U.S. Capitol over concerns he would incite further attacks.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Fed. Circ. Affirms Delaying Biosimilars For Regeneron's Eylea
A West Virginia federal judge has the power to oversee patent infringement litigation against drugmakers from South Korea and Germany and stop them from launching biosimilar versions of Regeneron's blockbuster eye disease treatment Eylea, the Federal Circuit said Wednesday.
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January 29, 2025
4th Circ. Mulls If Tossing No-Poach Suit Rewards Bad Behavior
As the Fourth Circuit mulled the idea of reviving a proposed class action accusing military shipbuilding contractors of agreeing not to poach each other's engineers, one judge rebuffed the idea that the suit had no legs because there were no specific allegations of fraudulent concealment.
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January 29, 2025
Roomba Maker Escapes Suit Over Scuttled Amazon Merger
A Massachusetts federal judge has permanently thrown out a shareholder class action accusing iRobot Corp. of misleading investors about expected regulatory opposition that ultimately led to the abandonment of a proposed $1.7 billion merger with Amazon, saying "the pleading process ought not be used as a trial balloon, with repeated bites at the apple."
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January 29, 2025
Del. Justices Mull 'Nuanced' T-Mobile Data Breach Claims
Delaware's chief justice pressed an attorney for T-Mobile Corp. stockholders Wednesday on what the attorney called a "nuanced" derivative claim that the company's board wrongly failed to pursue damages for massive data breaches after its controlling stockholder pressed for adoption of a vulnerable data sharing program.
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January 29, 2025
Mich. Judge Doubts Discovery Dispute Should DQ Firm
A Michigan federal judge on Wednesday said a law firm's alleged "bad behavior" doesn't necessarily mean it can't represent a former CEO of a solar energy company, telling residents who sought to disqualify the firm because of a supposed conflict that their complaints may be better dealt with through discovery motions.
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January 29, 2025
Pension Plans Seek Trader's Testimony In $2B Tax Fraud Suit
Pension plans and individuals who Denmark's government alleges received fraudulent refunds have asked a New York federal court to allow U.K. court testimony into the record from a trader who Danish authorities say masterminded a $2.1 billion tax fraud, saying it shows he deceived other participants.
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January 29, 2025
Farmers' Antitrust Claims Trimmed In Pesticides Case
A North Carolina federal court has cut one set of federal antitrust claims from a suit brought by farmers accusing major pesticide manufacturers Syngenta AG and Corteva Inc. of blocking competition but allowed a slew of other claims to proceed.
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January 29, 2025
Full Fed. Circ. Won't Allow MSN To Launch Generic Entresto
The Federal Circuit is standing by its decision to bar MSN Pharmaceuticals from launching a generic version of Novartis' bestseller, the cardiovascular drug Entresto, as Novartis tries to persuade the court that it deserves an injunction through July.
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January 29, 2025
Co.'s Missing Signature Prevents Arbitration In Wage Row
A former home sales representative for a cosmetics company can keep her wage suit in court, a California state appellate panel ruled, affirming a lower court's ruling that the company failed to show it had a valid arbitration agreement with the worker because it didn't sign the pact.
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January 29, 2025
Jenzabar Tells Del. Justices Investor Delay Sinks $26M Award
An attorney for the founder of a higher education software company told Delaware's Supreme Court on Wednesday that shareholders moved too late to recover on claims they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice that they could invest in a follow-on opportunity.
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January 29, 2025
Southwest's Plan Oversight Cost Workers Millions, Court Told
Southwest Airlines cost workers millions of dollars in retirement savings by failing to ax a costly and underperforming investment fund from its combined $14 billion retirement plans, according to a proposed class action filed in Texas federal court.
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January 29, 2025
Ga. Judge Cuts Atty Fees In Home Depot Class Settlement
A Georgia federal judge has granted final approval to a settlement between Home Depot Corp., Reliance Worldwide Corp. and a class suing over allegedly faulty water heater connector hoses but awarded class counsel $1.9 million in fees instead of the $2.1 million initially requested.
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January 29, 2025
Shopper Says Costco Adds Hidden Fees To Online Deliveries
Costco is the target of a proposed consumer class action alleging the membership retailer is reneging on promises to waive online delivery fees by adding hidden charges that make products bought through the company's e-commerce site more expensive than the same products sold in stores.
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January 29, 2025
Workers Needed To Initiate Arbitration, Calif. Panel Says
A group of workers needed to initiate arbitration in their proposed class action claiming an insurance company misclassified them as exempt employees after a trial court sent their claims out of court, a California state appellate panel ruled, flipping the lower court's decision reviving the suit.
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January 28, 2025
GigaCloud Partially Escapes Suit Over Revenue, Tech Claims
GigaCloud Technology Inc. and its top brass have partially escaped a proposed class action alleging it misrepresented its operating metrics and revenues and use of artificial intelligence, with a New York federal judge saying that a federal securities law violation "cannot be premised upon a company's disclosure of accurate historical data."
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January 28, 2025
Staples Settles Out Of Visa, Mastercard Swipe Fee Battle
Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.
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January 28, 2025
Capri Investors Sue Over Scrapped $8.5B Tapestry Merger
Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.
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January 28, 2025
9th Circ. Backs Class Attys' $8M In Fees In Joint Juice Suit
The Ninth Circuit on Tuesday upheld an $8 million fee award to plaintiffs who prevailed in a false advertising suit against food company Premier Nutrition Corp. over its Joint Juice supplement, finding the lower court didn't abuse its discretion in awarding fees for work plaintiffs' attorneys performed while a related case was pending.
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January 28, 2025
Black Homebuyers Seek OK For Predatory Lending Settlement
A proposed class of Black homebuyers has asked a Michigan federal judge to approve their $750,000 settlement with real estate companies and their investors who allegedly bought up run-down Detroit properties to sell to Black buyers with abusive lending terms.
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January 28, 2025
'Pencils Down' For Meta, Netflix Antitrust Case In Ill.
Meta Platforms Inc., Netflix and a proposed class of consumers claiming the companies cut an illegal deal ceding the video streaming market to Netflix can wait to continue litigating their case until a California federal judge mulls summary judgment over similar claims out west, an Illinois federal judge said Tuesday.
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January 28, 2025
Texas Judge OKs $40M Settlement In Six Flags Expansion Suit
A Texas federal judge indicated Tuesday that he would approve a $40 million class settlement between Six Flags Entertainment Corp. and investors accusing the amusement park operator of bungling expansion plans in China — after having previously dismissed the case twice.
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January 28, 2025
Firms Hook $850K Fee Award In Eyewear Co. Data Breach Deal
Class counsel in a data breach suit against eye wear company Luxottica of America Inc. secured $850,000 in attorney fees on Tuesday as part of a $250,000 settlement ending claims the retailer failed to protect customers' personal information, according to an Ohio judge's order.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.